Court and tribunal decisions page 350 of 376

3754 articles are classified in All Articles > Legal > Court and tribunal decisions


Look to Kiwi solution for good faith in employment: Riley

Australia could consider adopting a Kiwi-style statutory good faith obligation after the High Court's finding that there is no implied duty of mutual trust and confidence in employment contracts, according to a senior law academic.

Full bench knocks back BOOT appraisal

An FWC full bench has emphasised that the tribunal should take a "global" rather than "line by line" approach when applying the better off overall test to agreements, while in another ruling the Commission has approved a deal with employer undertakings, despite union misgivings that it was originally voted up by only three employees who have since left the company.

Union official denied entry permit over Westgate Bridge breaches

The FWC has refused to issue a new entry permit to an AMWU organiser who engaged in "egregious" conduct during the notorious Westgate Bridge dispute in 2009, and has described as "baffling" a 2011 decision to grant him a permit.

FWC finds workers owed allowances while on strike

In a case set aside until the High Court ruled on the Mammoet accommodation dispute, the Fair Work Commission has found that coal mining workers should have been paid their safety and production allowance while they were taking protected action during a bargaining battle.

Judge upholds removal of senior union position

The NSW Public Service Association says its axing of an assistant secretary position has boosted its war chest to fight the state government's electricity privatisation plans.



New permit for CFMEU leader, despite FWBC opposition

The FWC has issued a new, unconditional entry permit to the CFMEU construction and general division's Queensland leader, rejecting the building watchdog's argument that it should be withheld because of union conduct that has attracted more than $900,000 in fines during his eight years as "ringmaster".

Court fines CFMEU for sacking "Trot"

The Federal Court has fined the CFMEU's mining and energy division $45,000 for taking adverse action against a former Pilbara organiser after the AWU complained that he was a "Trot" who was "bagging" the union.

Bench upholds orders for Glencore Xstrata to produce documents

A Fair Work Commission full bench has rejected Glencore Xstrata's challenge to orders requiring the company to provide the tribunal with documents relating to its staffing decisions last year at its Collinsville open cut coal mine.